The Small Estate Affidavit serves as a streamlined alternative to full probate proceedings under Belgian law, designed to simplify the process of transferring assets when an estate's value falls below statutory thresholds. This document becomes relevant when a deceased person's estate meets the criteria for simplified processing as defined by Belgian inheritance law and regional regulations. The affidavit contains crucial information including the deceased's personal details, asset inventory, debt listings, and heir identification, along with necessary declarations regarding tax status and asset ownership. It must comply with both federal Belgian law and specific regional requirements (Brussels-Capital, Flanders, or Wallonia). The Small Estate Affidavit is particularly useful for expediting estate settlement while reducing administrative burden and costs, though it must still meet strict legal requirements for validity.
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1. Declaration Header: Official title of the document and date of execution
2. Affiant Information: Full legal name, address, and relationship to the deceased of the person making the affidavit
3. Deceased Information: Full name, last address, date and place of death, and marital status of the deceased
4. Legal Jurisdiction: Statement confirming Belgian jurisdiction and applicable regional law
5. Estate Value Declaration: Statement of the total value of the estate, confirming it falls within small estate limits
6. Asset Listing: Detailed list of all known assets of the deceased and their current values
7. Debt Declaration: List of known debts and liabilities of the estate
8. Heir Identification: Names and relationships of all legal heirs and their inheritance shares
9. Tax Status: Declaration regarding the status of any taxes owed by the deceased
10. Affirmation of Truth: Legal statement affirming all information provided is true and complete
1. Last Will Reference: Include when the deceased left a valid will, describing its location and main provisions
2. Property Rights Declaration: Required when the deceased owned real property, even if excluded from small estate processing
3. Marriage Contract Reference: Include when the deceased had a marriage contract affecting asset distribution
4. Business Interests: Required when the deceased had any business ownership interests
5. Foreign Assets Declaration: Include when the deceased owned assets in other countries
1. Schedule A - Asset Inventory: Detailed inventory of all assets with supporting documentation
2. Schedule B - Debt Schedule: Detailed list of all debts with supporting documentation
3. Schedule C - Death Certificate: Certified copy of the death certificate
4. Schedule D - Heir Identification Documents: Copies of identification documents for all heirs
5. Schedule E - Tax Certificates: Tax compliance certificates or relevant tax documentation
6. Appendix 1 - Supporting Declarations: Any additional sworn statements from witnesses or other relevant parties
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